SHRIKANT TRIMBAK INDIKAR Vs. DHONDI DASHRATH JADHAV
HIGH COURT OF BOMBAY
Shrikant Trimbak Indikar
Dhondi Dashrath Jadhav
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Vaidya, J. -
(1.) This petition raises an interesting question under the Bombay Tenancy and Agricultural Lands Act, 1948. The question is whether the landlord who was a minor when he made application under section 31 and obtained possession of a portion of the land under that section can after attaining majority resist proceedings under section 32G for conferring statutory ownership on the tenant in respect of the land remaining with the tenant by invoking the provisions of section 32F of the Act.
The relevant facts are as follows:-
The subject-matter of dispute between the parties is agricultural land bearing S. No. 250/2A, situated at Degaon, Taluka North Sholapur. During his minority the petitioner landlord had applied for possession of land S. No. 250/2 under section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948, for bona fide personal cultivation. In the application which was numbered as 67 of 1960, the Additional Mamlatdar, North Sholapur, had ordered possession of half of the land to be given to the petitioner on November 20, 1961. The appeal filed by the tenant-respondent No. 1 against the said order was dismissed by the Assistant Collector, Sholapur. A revision application filed by the tenant was also dismissed by the Maharashtra Revenue Tribunal.
(2.) The tenant came to this Court in Special Civil Application No. 602 of 1963. A consent decree was passed on September 10, 1963 by this Court. The consent terms which were agreed between the parties were as follows :
"(1) The orders passed by the Additional Mamlatdar, North Sholapur, Assistant Collector, Sholapur Division and the Maharashtra Revenue Tribunal, be set aside and the following order be substituted therefor.
(2) That the Additional Mamlatdar will effect an equitable partition of the suit land Survey No. 250/2, measuring 28 acres 6 gunthas, assessed at Rs. 40/13/- of Mouje Degaon and put Respondent No. 1 in possession of ⅓rd portion of the suit land.
(3) That the Respondent No. 1 has already obtained possession of 1/2 land under the orders of the Maharashtra Revenue Tribunal, Additional Mamlatdar and Assistant Collector which have been now set aside. The Additional Mamlatdar shall repartition the entire land and put the Petitioner in possession of ⅔rd of the total area after crops grown by Respondent No. 1 in the current year are harvested by Respondent No. 1.
(4) That the petitioner's tenancy in respect of the ⅓rd portion to be given to Respondent No. 1 under this settlement is extinguished and the Petitioner continues to be in possession of the remaining ⅔rd portion with all the rights and liabilities under the Bombay Tenancy and Agricultural Lands Act, 1948 including the right to become a statutory purchaser.
(5) There will be no order as to costs."
(3.) The decree was executed by putting the landlord in possession of ⅓rd portion (i.e of S. No. 250/2B measuring 9 acres 7 gunthas, assessed at Rs. 13/25). The tenant was put in possession of the remaining ⅔rd portion of the land, i.e. 250/2A, measuring 18 acres and 27 gunthas, assessed at Rs. 27.56 p., which, as stated above, is the subject-matter of this petition.;
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